Employee and Employer Contributions
This type of plan likely includes both employee (pre-tax and/or Roth) and employer contributions.
- Employee Contributions: Generally 100% vested and divisible.
- Employer Contributions: May be subject to a vesting schedule. Unvested amounts may be forfeited unless language in the QDRO accounts for future vesting (if allowed by the plan).
When preparing a QDRO, it’s critical to distinguish between fully vested employer contributions and potentially unvested ones. We recommend working with an attorney familiar with how to allocate non-vested funds based on plan terms to avoid surprises or disputes later.

